USED car dealers have found a new way to circumvent the provisions of the Consumer Protection Act to rip off consumers .
They still quietly sell the cars "as is".
Some avoid fixing the defects and sell the cars with a discount, thus off-loading the problem to unsuspecting consumers.
About three used car dealerships are have accused of knowingly selling defective cars to unsuspecting consumers so that they can in return charge them exorbitant fees for either usage or repairs - if they don't refer them to their insurance company to make a claim.
None of these dealers issued consumers with roadworthy certificates to prove that the cars were free of defects and suitable for the purposes for which the cars were bought.
And some have no qualms taking back faulty cars, but insist that consumers should claim from their insurance companies to have the car fixed before they could buy it back.
Dr Matuka Chivonivoni is one victim of such chicanery.
He was referred to his insurance company to have the car fixed, and was told it was in his best interest to do so as he could not raise his consumer rights without suffering any consequences.
The repercussions include payment for the mileage he has clocked on the car since he took ownership of it.
Chivonivoni said this was one of the unfair business practices that the Consumer Protection Act was trying to take care of. He said when he threatened to exercise his rights, as enshrined in the Consumer Protection Act, the dealer also flagged his own rights .
He said he was lucky it rained just five days after taking the car.
He was driving home when his car suddenly stopped running.
"A message [appeared] on the dashboard saying I should stop and immediately contact the workshop, and I obliged," Chivonivoni said.
As he was stationary, water started to drip into the car, he said.
"The doors and windows were completely closed, I could not open them, and my feet were submerged in the water."
Section 55 of the Consumer Protection Act provides that the consumer has a right to safe and good quality goods, and a right to return defective goods within six months to the supplier without any penalty and at a suppliers risk if the goods fail to meet the requirements of "safe and good quality goods".
The dealership had not done a 73-point-check, which is standard at Mercedes-Benz dealership before they hand over any car, said Chivonivoni.
"The vehicle is now unusable and I am paying R8000 for a complete wreck," he said.
He said he tried to come to amicable terms with Mercedes-Benz Springs, but they insist that "the only help they can give me is to buy the car back from me after it has been fixed", adding that they would charge him costs of having the car returned and restored to a saleable condition, and that they would charge a "reasonable amount" for his use of the car and the costs for the depreciation in relation to the market value of the car.
"In all honesty, this is robbery, because the value of every car depreciates on the first day of every new year," said the aggrieved customer.
July Khosa is another victim. He bought his faulty car from Markert Car Sales in Boksburg.
Khoza said Mercedes-Benz sedan was as "silly as the festive season".
He paid R92000 after he was given a R6900 discount for future repairs on the car.
"I think they took advantage of my ignorance. I am not well-educated," he said.
Khosa also towed the vehicle to the dealership when it died on him.
The dealership accused him of damaging the gearbox byhaving the car towed by a "normal tow truck" as opposed to a flat bed tow, which Khosa claims they never recommended when he reported his problem.
He is repaying his loan while his car is collecting dust at home.
Bonginkosi Zulu of Mpangeni inKwaZulu-Natal, shared a similar experience.
He was lucky his insurance company agreed to fix the car.
Zulu bought a BMW Z4 worth R210000 from Quality Cars in Empangeni on December 29.
Last Monday, the starter packed up. He called the dealer, who asked him to tow the car to one of their technicians for a diagnosis.
The technician discovered that the starter was defective and that the problem had existed before it was sold to him.
The brakes and brake pads are also worn-out, and they should have been taken care off before the car was sold to him because the new technology does not hide these defects, said Zulu.
He too was referred to his insurance company to have the problem fixed even though the dealer had a duty to repair the defect.
We got in touch with the dealerships to get some answers:
- Chris Marlow of Mercedes-Benz East Rand confirmed that they were waiting for Chivonivoni's insurance to authorise repairs.
- He also confirmed that they too would exercise their rights should Chivonivoni opt to cancel.
- Market Cars said they gave Khosa a roadworthy vehicle with its certificate, adding that they should not be held liable for latent defects and a breakdown he caused after towing the car incorrectly.
- Patrik Rajah of Quality Cars CC said though Zulu's one month warrantee to repair any defects on the car had expired, he was willing to meet Zulu halfway
Used car dealerships continue to exploit buyers
USED car dealers have found a new way to circumvent the provisions of the Consumer Protection Act to rip off consumers .
They still quietly sell the cars "as is".
Some avoid fixing the defects and sell the cars with a discount, thus off-loading the problem to unsuspecting consumers.
About three used car dealerships are have accused of knowingly selling defective cars to unsuspecting consumers so that they can in return charge them exorbitant fees for either usage or repairs - if they don't refer them to their insurance company to make a claim.
None of these dealers issued consumers with roadworthy certificates to prove that the cars were free of defects and suitable for the purposes for which the cars were bought.
And some have no qualms taking back faulty cars, but insist that consumers should claim from their insurance companies to have the car fixed before they could buy it back.
Dr Matuka Chivonivoni is one victim of such chicanery.
He was referred to his insurance company to have the car fixed, and was told it was in his best interest to do so as he could not raise his consumer rights without suffering any consequences.
The repercussions include payment for the mileage he has clocked on the car since he took ownership of it.
Chivonivoni said this was one of the unfair business practices that the Consumer Protection Act was trying to take care of. He said when he threatened to exercise his rights, as enshrined in the Consumer Protection Act, the dealer also flagged his own rights .
He said he was lucky it rained just five days after taking the car.
He was driving home when his car suddenly stopped running.
"A message [appeared] on the dashboard saying I should stop and immediately contact the workshop, and I obliged," Chivonivoni said.
As he was stationary, water started to drip into the car, he said.
"The doors and windows were completely closed, I could not open them, and my feet were submerged in the water."
Section 55 of the Consumer Protection Act provides that the consumer has a right to safe and good quality goods, and a right to return defective goods within six months to the supplier without any penalty and at a suppliers risk if the goods fail to meet the requirements of "safe and good quality goods".
The dealership had not done a 73-point-check, which is standard at Mercedes-Benz dealership before they hand over any car, said Chivonivoni.
"The vehicle is now unusable and I am paying R8000 for a complete wreck," he said.
He said he tried to come to amicable terms with Mercedes-Benz Springs, but they insist that "the only help they can give me is to buy the car back from me after it has been fixed", adding that they would charge him costs of having the car returned and restored to a saleable condition, and that they would charge a "reasonable amount" for his use of the car and the costs for the depreciation in relation to the market value of the car.
"In all honesty, this is robbery, because the value of every car depreciates on the first day of every new year," said the aggrieved customer.
July Khosa is another victim. He bought his faulty car from Markert Car Sales in Boksburg.
Khoza said Mercedes-Benz sedan was as "silly as the festive season".
He paid R92000 after he was given a R6900 discount for future repairs on the car.
"I think they took advantage of my ignorance. I am not well-educated," he said.
Khosa also towed the vehicle to the dealership when it died on him.
The dealership accused him of damaging the gearbox byhaving the car towed by a "normal tow truck" as opposed to a flat bed tow, which Khosa claims they never recommended when he reported his problem.
He is repaying his loan while his car is collecting dust at home.
Bonginkosi Zulu of Mpangeni inKwaZulu-Natal, shared a similar experience.
He was lucky his insurance company agreed to fix the car.
Zulu bought a BMW Z4 worth R210000 from Quality Cars in Empangeni on December 29.
Last Monday, the starter packed up. He called the dealer, who asked him to tow the car to one of their technicians for a diagnosis.
The technician discovered that the starter was defective and that the problem had existed before it was sold to him.
The brakes and brake pads are also worn-out, and they should have been taken care off before the car was sold to him because the new technology does not hide these defects, said Zulu.
He too was referred to his insurance company to have the problem fixed even though the dealer had a duty to repair the defect.
We got in touch with the dealerships to get some answers:
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